My experience says Alexander Ziring lawyer with years of experience.
The immigration lawyers are often approached by people asking to help them file a petition for political asylum. Future immigrants believe that other alternative for the legalization of residence in the United States they have, but they heard somewhere that there is an easy and convenient way.
Often, however, they will be disappointed because they have NO sufficient grounds for political asylum granted in exceptional situations.
When things get political asylum was much easier than it is now. Do not forget that the political situation has changed significantly. First of all I would like to draw attention to the fact that the fact that the arrival of citizens from countries of the former Soviet Union does not mean that they automatically become political refugees. So it was in the late 80 -ies, but the situation has since changed.
Petitions for political asylum are checked very carefully by the immigration service and, therefore, such documents should be carefully and professionally prepared.
You should not ask for help in the preparation of such statements to random people. In the practice of our office had many cases where we have treated clients for whom such petitions have concocted various «craftsmen», who composed some ridiculous stories of persecution, with the result that these people were denied political asylum, and immediately began the deportation process.
Some petitions are very thorough check-up before contacting Immigration authorities in the country came from an immigrant, in order to, for example, to confirm the arrests, belonging to a certain party, etc.
It should also be remembered that if a person is denied political asylum, it automatically entails the beginning of deportation proceedings.
So who has the right to asylum?
Primarily for filing an application for political asylum need to prove that you really are persecuted in the homeland on ethnic, racial or religious grounds, due to political affiliation or membership in a particular social group, or sexual orientation.
The person filing an application for political asylum must show that for the above reasons(s) he feared for his life and health and return home in danger.
Another important reason is that the applicant for political asylum could not and can not find protection from state authorities in the country from which he fled, of persecution, too, are different.
Very often we are the people who are really persecuted, but it was about the various gangs. Moreover, the statements about persecution in one place will not be sufficient for political asylum, if the applicant could live in peace in the other — on the territory of the same country.
For example, people who were persecuted separatists in Transnistria, Nagorno-Karabakh and other unrecognized formations, does not automatically receive political asylum in the US, if they can safely live in another part of the country, which are these education.
It doesn’t mean to get political asylum almost impossible. There is always opposition, there are groups that oppress and infringe their rights and which can and should seek asylum for themselves and their families.
As for the procedure, to apply for political asylum only in the first year of stay in the U.S. exception (in case if it has been more years since arrival) are, if the changed circumstances in the country of origin (the war started, came to power, the opposition, etc.).
It should also be remembered that political asylum is not the only option of legalization in the United States. There are many other possibilities of obtaining legal status or a green card, for example: family ties, the petitioning employer or through temporary visas. But this is only a small part of the possibilities of legalization, because there are other, less common, about which few know. Here are just some examples from my practice.
I had a client who came to the U.S. on a student visa, entitling him to only a temporary stay in the country. After analyzing all the possibilities, we decided to apply for a green card using his professional information — he was a great specialist on wood processing. There is a special category work visas and green card, which is designed for those who have any vocational skill, talent, art, or skill in any activity.
Here’s another example from practice — I was approached by a young man who wanted to stay in the US and thought to do this by applying for political asylum. In fact, the reason he was not, but revealed that he has a higher sport education, is a master of sports and has many prizes and medals. Finding a sports school that agrees to take him to work with the trainer or instructor, he can apply for a work visa for people with extraordinary abilities.
I would like to note that in some cases, obtaining a work visa/green card does not even require the employer-sponsor.
People with ordinary professions, but with many years of experience can apply for a work visa or a green card if they find an employer willing to make it a working proposal.
The main thing that everyone should know that no hopeless situations.
Alexander Ziring
Lawyer
You can ask your question to Alexander Ziring for е_mail: [email protected] or contact him personally by telephone: (718) 332-5600
